Australian Capital Territory Current Acts

UNIT TITLES (MANAGEMENT) ACT 2011 - SECT 64

    (1)     The owners corporation may end a service contract—

        (a)     for a remedial breach if notice has been given under section 65; or

        (b)     for misbehaviour; or

        (c)     if the service contractor is an individual—if the individual—

              (i)     becomes bankrupt or personally insolvent; or

              (ii)     is convicted in the ACT of an offence punishable by imprisonment for at least 1 year; or

              (iii)     is convicted outside the ACT, in Australia or elsewhere, of an offence that, if it had been committed in the ACT, would be punishable by imprisonment for at least 1 year; or

        (d)     if the service contractor is a corporation—if the corporation becomes insolvent.

    (2)     However, before ending a service contract under subsection (1) (c) (ii) or (iii), the owners corporation must be satisfied that the conviction affects the service contractor's suitability to exercise the contractor's functions.

    (3)     The owners corporation must end a service contract—

        (a)     if the service contractor is absent, other than on approved leave, for 14 consecutive days or for 28 days in any 12-month period; or

        (b)     for physical or mental incapacity, if the incapacity substantially affects the exercise of the service contractor's functions.

    (4)     In this section:

"insolvent—"a corporation is taken to be "insolvent" if the corporation—

        (a)     is being wound up; or

        (b)     has had a receiver or other controller appointed; or

        (c)     has entered into a deed of company arrangement with its creditors; or

        (d)     is otherwise under external administration under the Corporations Act

, chapter 5.

"remedial breach "means a remedial breach under section 65.